Home Table of Contents

§ 114. Tests for determining insolvency

Oklahoma Statutes AnnotatedTitle 24. Debtor and Creditor

Oklahoma Statutes Annotated
Title 24. Debtor and Creditor (Refs & Annos)
Chapter 7. Uniform Fraudulent Transfer Act (Refs & Annos)
24 Okl.St.Ann. § 114
§ 114. Tests for determining insolvency
A. A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.
B. A debtor who is generally not paying his debts as they become due is presumed to be insolvent.
C. A partnership is insolvent pursuant to the provisions of subsection A of this section if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
D. Assets pursuant to the provisions of this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable pursuant to the provisions of the Uniform Fraudulent Transfer Act.
E. Debts pursuant to the provisions of this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

Credits

Laws 1986, c. 100, § 3, eff. Nov. 1, 1986.
24 Okl. St. Ann. § 114, OK ST T. 24 § 114
Current with emergency effective legislation through Chapter 125 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document